Law 3101A/B Study Guide - Quiz Guide: Constitution, Enumerated Powers, Legal Culture
Document Summary
Specific constitutional courts functions: constitutional courts act as harmonizers of national constitutional and supranational values, principles and norms and resolving conflicts between national and supranational legal orders and institutions. Modern context of constitutional courts functions performance national and international context: Rule of law became a common denominator among the principles entrenched in the new constitutions. In the emerging democracies constitutional design of the rechtsstaat confronts the underdeveloped legal culture on the part of the rulers and ruled. Emergence of multi-level constitutionalism is fundamental in contemporary global age. Constitutional monism of the nation states is supplemented with supranational constitutional dimension by gradual constitutionalization through establishing international and european standards of constitutional democracy. In contrast to federations, multilevel constitutionalism is not hierarchically structured. Primacy of the eu law and validity of eu standards will be guaranteed by contrapunctual constitutionalism where conflicts between the constitutional orders and harmony is achieved by same democratic constitutional principles shaped by common european constitutional heritage.
